MAHADEV PRASAD Vs. RAJGURU GOPINATHJI

JUDGEMENT

(1.) THIS is a second appeal by the judgment debtor Mahadev Prasad against the order of the learned Dist. Judge, Jaipur City. The respondent Raj Guru Pt. Gopinath obtained a money decree against the appellant in instalments of Rs. 500/- per year and a charge was created over a certain house. THIS house was sold under the decree but the proceeds of the sale proved insufficient. The decree-holder therefore, filed an application for execution for the recovery of the balance by the arrest of the judgment-debtor. The judgment-debtor objected that he was an agriculturist and according to circular No. 4 dated the 28th Feb. 1931 of the Chief Court of Jaipur he could not be arrested under the decree. He further objected that the decree was not a personal decree and could not, therefore, be executed against his person. He also objected that he had not been guilty of any bad faith with his property irk order to avoid the decree, nor h|ad he any means to satisfy the decree. He was, therefore, not liable to arrest.

(2.) THE learned Civil Judge, Jaipur City, held that the decree could be executed against the person of the judgment-debtor but holding that he was an agriculturist it was held that he could not be arrested.